Divorce Questions & Answers

Q: Hello, I'm divorcing my husband after 16 years of marriage. his attorney wants my financials, do I have to comply?

1 Answer | Asked in Divorce and Family Law for California on
Answered on Feb 20, 2017

His attorney most likely served discovery upon you. Although some objections may be appropriate in certain circumstances to some questions, a general refusal to provide information could result in sanctions and attorneys' fees. Discovery can be an expensive part of a case. You have a right to know his financial information, and they would have to comply with discovery, too if you officially ask for it according to the rules. I'm betting he hired a solid attorney if he is a court interpreter,...
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Q: What do I do if I am owed money from a divorce and other party refuses to pay

1 Answer | Asked in Divorce for California on
Answered on Feb 20, 2017

This sounds like contempt of a court order, and you can file a motion for contempt in the court that issued the order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: will she be given alimony if her standard of living doesn't change after termination of marriage?

1 Answer | Asked in Divorce and Family Law for Ohio on
Answered on Feb 20, 2017

In a divorce, the court will determine what amount of spousal support, if any, is reasonable and fair based on all the facts and circumstances, income and expenses of both of you, whether she can work, etc. Based on the short duration of your marriage, any spousal support would not be for a very long time. Use the Find a Lawyer tab to consult an attorney where she filed for divorce so you can advise about all the facts.
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Q: Married in North Carolina for 2 years and 4 months. Can I get alimony? I did not work outside the home.

1 Answer | Asked in Divorce for North Carolina on
Answered on Feb 20, 2017

Maybe. Alimony is discretionary and up to a judge (unless consented to) and based on various factors. If you want alimony and can not agree to an appropriate amount in a separation agreement, you best bet is to consult a local family law attorney to see what your optins are. Best of luck.
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Q: My husband is pretending depressed and not getting a job to avoid paying child support for our two children.

1 Answer | Asked in Divorce and Family Law for New York on
Answered on Feb 20, 2017

You are in a tough spot. If the order was following a hearing, then did the Court take evidence and testimony of his diagnosis, condition, medications? If he is medically depressed and has the proof then there is not much you can do at this time. You can re-file maybe in 6 months and have another hearing. Are the meds working, can he go back to work? If you received $486 per month, was this based on his social security disability payments or private insurance disability payments? There are a...
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Q: My daughter is 14 and she's now living with me full time. What course of action should I take to make it legit and legal

1 Answer | Asked in Divorce, Child Custody and Child Support for Georgia on
Answered on Feb 20, 2017

If you are the father and haven't legitimated her, you may be able to file the legitimation, custody, and child support petition in one action.
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Q: Can a co owner who had exclusive use of the property stop paying the taxes on it let it sell in tax deed sale

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Tax Law for Louisiana on
Answered on Feb 19, 2017

As co-owner you are jointly responsible for the taxes. Your agreement with your co-owner is not something the taxing authorities are a party to and they don't care about it. They can look to either of you or both of you to pay the taxes. And if you don't, they can attach and sell the property. Your remedy will probably only be with your co-owner - not the taxing authorities. So the short answer to your question is probably "yes" your co-owner can let it get sold in a tax sale. For a real answer...
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Q: I want to separate from my spouse. She refuses to leave the home. The relationship is caustic at best.

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Answered on Feb 19, 2017

Leaving with the children out of state without her consent or a Court order allowing it could land you in criminal trouble. You need to consult with a local family law attorney and discuss a divorce from bed and board and other options. Of course the cheapest way is for you and her to sit down and work out something fair for both of you. Best of luck!
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Q: I just filed for divorce and I want to purchase a house. Could my ex take the house during the divorce proceedings.

3 Answers | Asked in Divorce for Illinois on
Answered on Feb 19, 2017

Yes. Talk to a lawyer.
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Q: Will I lose my citizenship if I divorce my American husband who cheats on me?

1 Answer | Asked in Divorce and Immigration Law for Tennessee on
Answered on Feb 19, 2017

Are you a US citizen or Permanent Resident? If you are a US citizen, absolutely not. You will not lose your citizenship for divorcing him. If you are asking about losing green card, that is a bit different and requires more analysis. Consider speaking with an attorney.
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Q: What benefit do I have in my husband abandoned home committed adultery and is financially abusing me

2 Answers | Asked in Divorce and Family Law for California on
Answered on Feb 19, 2017

Adultery is irrelevant in divorce proceedings. Financial abuse would need to be explored, and more facts are required to provide a thorough analysis for this posting. Your husband continuing to pay the mortgage after his abandonment of the house is obviously a positive fact, but it does not sound like there are court orders to enforce this. If you file divorce proceedings, it is difficult to say, without more information, whether you will be in a better or worse position. If your husband has a...
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Q: if a husband signed a quit claim deed when purchased couple of properties during the marriage because he was on bankrupt

1 Answer | Asked in Real Estate Law and Divorce for California on
Answered on Feb 18, 2017

See: http://www.courts.ca.gov/1039.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: can an income execution be placed on my ex husbands pension if he is in arrears in alimony ?

1 Answer | Asked in Divorce for California on
Answered on Feb 18, 2017

If he hasn't paid alimony and is in violation of court orders, you can file a motion for contempt. The court can make orders re: payment and garnishment of assets. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following...
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Q: Can I still serve an amended divorce petition that was filed 11 months ago?

1 Answer | Asked in Divorce for California on
Answered on Feb 17, 2017

Was the case dismissed? Is it still active? If you never served the amended petition but did file it, you may need to move to strike that petition and file a new one; or you may need to file a 2nd amended petition. Then you should ensure that you timely serve it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media...
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Q: Is it legal for me to use joint tax return to hire an attorney?

1 Answer | Asked in Civil Litigation, Divorce, Family Law and Tax Law for Florida on
Answered on Feb 17, 2017

Most jurisdictions enter pre-trial orders which must be abided by please check to see if one has been entered in your case. If there is no court order restricting you then it is very common to utilize a refund to pay your attorney . Also, you must not commit any fraudulent act such as signing your spouses name without his permission.
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Q: IN Ca. Divorce: On form 150, Do I attach the data for all the questions for the Judge to review.

1 Answer | Asked in Divorce for California on
Answered on Feb 16, 2017

The Income and Expense declaration has instructions about how to submit attachments and documents requested in the form itself. These may need to be attached to a Declaration. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: My ex wife she filed for divorce but I never filed a respond back and they gavee 30 days to do it what happen now?

1 Answer | Asked in Divorce for California on
Answered on Feb 16, 2017

She may gain advantages in court if you fail to response to the divorce filings. You should do so as soon as possible. See: http://www.courts.ca.gov/1033.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following...
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Q: My husband and I split up.

1 Answer | Asked in Divorce for California on
Answered on Feb 16, 2017

What are the orders of the court re: property and asset division? What type of contractual agreement did you form? What type of bankruptcy did he file? As a potential creditor, you may have to file an appearance in the bankruptcy case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
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Q: My wife and i were previously married and she decided she wanted out. I gave her everything and walked away.

1 Answer | Asked in Divorce for California on
Answered on Feb 16, 2017

In whose name is the title of the car? If it's in your name, it's your property. In a community property division if a divorce is filed, you may be able to argue it's your separate property as it was gifted to you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I...
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Q: divorce by default in 2008, no division of assets, he modified the loan after i quit claimed 2-3 yr. deed in both names.

1 Answer | Asked in Real Estate Law and Divorce for California on
Answered on Feb 16, 2017

If you're involved in a divorce suit, you'll need court approval of all division of property and assets, including the ability to sell the house. There are automatic temporary restraining orders on selling property that are issued when divorces are filed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
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